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f )` ti i.!l' NAN'I'KET
F APPEALS
December 9, 1985
Re: ALBERT L. SILVA, SR. (108 -85)
Enclosed, please find notice of a decision of the BOARD
OF APPEALS which has this day been filed with the Town
Clerk.
Any appeal from this action shall be made pursuant to
Section 17 of Cha stor 40A of the 1;eneral T_ -iws, and shall
be filed within twenty (20) days after this date.
William R. Sherman, Chairman
BOAIKD OF' APPEALS
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
DECISION
In the matter of the Application of ALBERT L. SILVA, SR.,
(108 -85) , at a meeting of the BOARD OF APPEALS held at-1:30 P.M.
on Friday, November 22, 1985, at the Town and County Building,
Nantucket, the Board enters the following Decision and -makes the
following findings:
1. This is an application for a SPECIAL PERMIT granting
relief under Nantucket Code, SECTION 139.22.H (Employer Dormitory) ,
and for a VARIANCE granting relief from the requirements of SECTION
139 -18 (Parking Requirements). If granted, the Applicants would
be permitted to construct employer dormitory space within an
existing building, and reduce the number of parking spaces required
for the premises, including use as office space, storage, and
employer dormitory, to four. The subject premises consist of the
property shown on Plan Book 16, Page 49, as Lot 11 (Assessor's
Map 42.4.1, Parcel 70), are located at 15 North Beach Street, and
are zoned as LIMITED COMMERCIAL.
2. Based upon the application and the materials and testimony
presented at the public hearing, the Board finds that the subject
premises consist of a parcel of land containing an existing
commercial building, now containing about 760 square feet of
floor space. The applicant desires to construct an employer
dormitory as a new second floor of the building which would be
constructed within the existing structure.
3. The Applicant states that he intends to use the proposed
second floor as living accommodations for his employees, and
represents that he has encountered difficulty in finding affordable
year -round housing for these employees. He, at the public hearing,
agreed that the number of employees to be accommodated in the
proposed dormitory at any time would not exceed two.
4. The Applicant has agreed at the public hearing that the
number of employees within the office space upon the premises
will not exceed three. Based upon this representation, this
Board finds that the number of parking spaces required for the
proposed use of the building is eight, computed as follows:
760 square feet of commercial use,
at 1 space per 200 square feet 4 spaces
Three employees 1 space
Employer dormitory for two employees 3 spaces
Total 8 spaces
5. This Board finds that the proposed employer dormitory
would in harmony with the general Eurpose and intent of the
zoning by -law, in that it would be consistent with the mixed
Page 1 of 2
residential and commercial use of the neighborhood and would
provide needed year -round housing for employees.
6. This Board finds that, owing to circurnstances relating
to the shape of the land and structures upon the premises, especially
affecting the premises but not affecting generally the zoning
district in which they are located (consisting of the placement
of the existing building upon the premises) , a literal enforcement
of the provision of the by -law would involve substantial hardship
(consisting of the fact that the provision of the required number
of parking spaces would either be physically impossible or would
be unsightly and offensive and would eliminate existing plantings
and vegetation) to the applicant, and that desirable relief, in
the form of a reduction of the number of required parking spaces
from eight to four, may be granted without substantial detriment
to the public good and without nullifying or substantially derogating
from the intent or purpose of the by -law (in that there is some
duplication as to the employee and employer dormitory parking
spaces that are required, and the public good is better served by
providing for screening of the parking area than by requiring
full compliance with the number of spaces provided by the by -law) .
7. The relief granted hereby is upon the conditions that
the first floor shall be used for office purposes only; that
there shall be no more than three employees therein; that the
proposed employer dormitory shall be used by not more than two
employees; that the applicant plant and landscape the area between
the building and North Water Street; and that the applicant screen
the rear portion of the premises with plant materials from view
from the land adjacent thereto.
8. For the reasons and upon the conditions set forth, the
BOARD OF APPEALS hereby GRANTS the applicant relief under the
Zoning By -Law, Nantucket Code, Sections 139.22.H and 139 -18,
permitting the applicant to construct an employer dormitory and
reducing the required number of parking spaces to four, by a
SPECIAL PERMIT and VARIANCE, by a UNANIMOUS VOTE.
r
William R. Sherman
C44
Andrew J. Leddy, Jr. /
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C. M shall Be le
Page 2 of 2
/l
No'Plci;
A Public iiearing of the 3OARD 01' APPEALS will be held
on Friday, November 22, 1985, at 1:30 P.M. in the TOWN AND
COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the
Application of ALBERT L. S�ILVA, SR. ( /6L5 -85), seeking a SPECIAL
PERMIT under Nantucket Code §139.22.H (Employer Dormitory),
and a VARIANCE under §139.18 (Parking Requirements). If granted,
the applicant would be permitted to construct employer dormitory
space within an existing building, and the number of required
parking spaces would be reduced from eight to four. The premises
are located at 15 NORTH BEACH STREET (Lot 11, Plan Book 16 -49),
Assessor's Parcel 42.4.1 -70, and are zoned LIMITED COMMERCIAL.
il /he rma Wv lam R. man, Chas
BOARD OF APPEALS
4
FEE $100.00
Case No. /Ci --
APPT,ICA? I OIJ J0 T1+6' BOARD OF WEALS
Nantucket, Massachusetts
To the Members of the Board eF Appeals:
The undCr519ned hereby applies for relief from the terms
of the
(ZONING BY -LAW) ( &VjK7QX)WWXA on property described below:
Location of Property 15 North Beach Street (42.4.1 -701
Lot No. 11 _ _ fjan No. Plan Book 16, Page 49
District is zoned for LIMITED COMMERCIAL
Type of structure (Existing or Proposed) or proposed use: Employer
Dormitory
Owner's Name Albert L. Silva Sr.
Owner's Address c/o Arthur I. Reade, Jr., P.O. Box 2774, Nantucket, Mass.
02584
When did you acquire this property? January 30, 1970.
Has application been filed at Building Department? No.
Has any previous appeal been made? No.
Section of By -Law or Code from which relief is reque$ted:
139 22 H (Employer Dormitory); 139 -18 (Parking Requirements)
Reason for asking relief: Applicant requests a special permit to
construct
employer dormitory space within an existing building, and a variance to reduce
the number of required parking spaces for the premises, including use
as office
space, storage, and employer dormitory, from eight to four,
Signature of applicant
ALBERT L. SILVA SR.
By: lAf6ka
ATTACH: (1) A list of the names and addresses of each abutting owner
and owner abutting the abutters, and owners within 300 feet.
(2) A check in the amount of $100.00 made payable to the Town
i
of Nantucket.
(3) Four copies of the application and a map or plan showing
the location of the property to be considered.
(4) If the applicant is other than the owner, please indicate
your authority to make this application.
BOARD'S DECISION
Application submitted to Board
Advertising dates
Hearing date(s)
Decision of Board
Decision filed with the Town Clerk
TOWN OF NANTUCKET
List of Parties in interest in the matter of the Petition of:
Name: Albert L. Silva, Sr.
Address: c/o Arthur I. Reade, Jr., P.O. Box 2774, Nantucket 02584
Property Address: 15 North Beach Street (42.4.1 -70
See attached list.
I certify the foregoing is a list of persons who are owners
of land abutting the property and owners of land directly
opposite the property on any street or way, and owners of land
within 300 feet of the property all as they appear on the most
recent applicable TAX list.
S�
Date Assesssor
Town of Nantucket
LIST OF PARTIES IN INTEREST
(Albert L. Silva, Sr.; 15 North Beach Street; 42.4.1 -70)
Bion B., Jr. & Debra L. Hall
81 Green Street
Brockton, Massachusetts 02401
Giorgio & Betty Santelli
412 6th Avenue
New York, New York 10022
William H. & Frances Cassebaum
250 Booth Avenue
Englewood, New Jersey 07631
Janice T. Kahn
10 Spring Hill Drive
West Orange, New Jersey 07052
Barrie F. M. Bell
Gracemere
Tarrytown, New York 10591
Doris L. Johnson
231 East Cross Street
Norwood, Massachusetts 02062
Sally R. & Hermon R. Johnson
15 North Water Street
Nantucket, Massachusetts 02554
Bruce B. & Nancy S. Bates
87 Grosvenor Road
Rochester, New York 14610
James C. Bushby
James F. Brayton, Tr.
c/o Violet A. Groll
70 Stony Hill Road
Amherst, Massachusetts 01002
George C. Metcalfe
10 North Beach Street
Nantucket, Massachusetts 02554
Albert L. & Gladys M. Silva
6 Gardner Road
Nantucket, Massachusetts 02554
John H., Jr. & Jeanne H. West
11 Cliffholme Road
Owings Mills, Maryland 21117
Page 1 of 2
(42.4.1 - 1)
(42.4.1 - 2)
(42.4.1 - 3, 42, 43, 44, 71, 72)
(42.4.1 - 4)
(42.4.1 - 5)
(42.4.1 - 6)
(42.4.1 - 7)
(42.4.1 - 8)
(42.4.1 - 36)
(42.4.1 - 37, 38.1, 38.2)
(42.4.1 - 39, 40, 66, 67, 68,
69; 42.4.4 - 15)
(42.4.1 - 41)
T
Grove W. & Ann E. Stoddard et al (42.4.1 - 45, 46)
21 Wayside Court
Fairfield, Connecticut 06430
Robert L. Wilson (42.4.1 - 47, 48)
C/o Norma L. Oliver
32 Shawmut Avenue
Hudson, Massachusetts
Oliver T. & Martha Carr (42.4.1 - 49)
1700 Pennsylvania Avenue
Washington, D.C. 20006
Peter T. & Thea K. Kaizer (42.4.1 - 65)
8 North Beach Street
Nantucket, Massachusetts 02554
Brant Point Inc. (42.4.1 - 73, 74, 75, 76)
92 Pompano Road
Yarmouth, Massachusetts 02675
Joseph W. & Betty P. Damsker (42.4.1 - 77, 78)
230 Midway Island
Clearwater, Florida 33515
Sherburne Associates et al (42.4.1 - 82)
Zero Main Street
Nantucket, Massachusetts 02554
John B. & Colleen J. Arno (42.4.1 - 93)
30 Woodlane Road
Lawrenceville, New Jersey 08648
Charles B. & Lillian M. Flemming (42.4.1 - 94)
9 North Beach Street
Nantucket, Massachusetts 02554
Richard T. & Elizabeth P. Crawford (42.4.4 - 12)
1 Joining Brook
Spring House, Pennsylvania 19477
John C. & Janet F. Targgart (42.4.4 - 14)
2300 Oxford Road
Columbus, Ohio 43221
Edith Meyer Ranney (42.4.4 - 16)
Cherry Lane
Morristown, New Jersey 07960
Brant Point Realty Trust (29 - 85.1, 157)
c/o Arthur I. Reade, Jr.
One Liberty Square
Boston, Massachusetts 02109
Page 2 of 2
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